Toe hy Minister van Verdediging was het hy die Kommando stelsel met Thabo Mbeki laat verwyder. Plek is gemaak vir “regstellende aksie” (employment equity – refer to legislation in the article) – lees die Hansard en Jaarverslae hieroor. Sowel die betrokke wetgewings. Dus het dit ook gegaan oor swart bemagtiging.
Wie is verantwoordelik vir moorde, aanvalle, verkragtings en misdaad in die land – die regering beheer ALLES
Wat is regstellende aksie? What is Employment equity?
Employment Equity Act
Applies to all employers and workers and protects workers and job seekers from unfair discrimination, and also provides a framework for implementing affirmative action.
- National Defence Force;
- National Intelligence Agency; and
- South African Secret Service.
The provisions for affirmative action apply to –
- employers with 50 or more workers, or whose annual income is more than the amount specified in Schedule 4 of the Act;
- organs of State;
- employers ordered to comply by a bargaining council agreement;
- any employers who volunteer to comply.
This second edition of Understanding the Employment Equity Act has been updated to include legislative amendments and developments in the case law since the publication of the popular first edition in 2009.
Understanding the Employment Equity Act deals with one of the most innovative instruments of post-apartheid labour market regulation, the Employment Equity Act, 1998 (EEA). The implicit aim of the EEA is not only to redress the imbalances caused by apartheid, it also seeks to combat unfair discrimination and to provide a framework for equal opportunity in employment.
This book is an accessible, non-legalistic commentary on the EEA. Important areas such as definitions, purposes, interpretation, unfair discrimination, affirmative action, monitoring and enforcement are covered. Understanding the Employment Equity Act also sets out key provisions of the EEA systematically, with leading cases and frequently asked questions (FAQs) to aid understanding.
Employment Equity Act
The purpose of the Employment Equity Act, No 55 of 1998 is to achieve equity in the workplace by promoting equal opportunity and fair treatment in employment through elimination of unfair discrimination and implementing affirmative action measures to redress the disadvantages in employment experienced by designated groups, in order to ensure equitable representation in all occupational categories and levels in the workforce.
This Act provides for additional reporting requirements employers with the additional burden of submitting an Employment Equity Report.
All designated employers must, in terms of Section 21 of the Employment Equity Act of 1998 submit their annual report annually. The next reporting deadline for 2018 is 1 October 2018, if you submit manually or by post. Reports cannot be submitted via e-mail or fax.
The Department of Labour has also launched an Employment Equity Online Reporting System where reports can be submitted electronically. The deadline for online submissions for the 2018 reporting period is 15 January 2019. To complete the online report, please visit the Department of Labour’s website and register for the on-line reporting.
On 21 July 2014 the President signed the Employment Amendment Act, No 47 of 2013. This Amendment Act became effective on 1 August 2014.
Please visit the Contemporary Gazette page for access to a legal database
- Employment Equity Act, No 55 of 1998.
- Employment Equity Amendment Act, No 47 of 2013
- Commencement of the Employment Equity Amendment Act
- Employment Equity Amendment Bill (comments due by 20 November 2018) (332Kb PDF)
- Public comment: Draft Employment Equity Regulations, 2018, comments due by 20 November 2018 (1Mb PDF)
- Code of Good Practice on the Preparation, Implementation and Monitoring of the Employment Equity Plan (200Kb PDF)
- Employment Equity Regulations, 2014 (3MB PDF)
- Code of Good Practice on Equal Pay/ Remuneration for work of Equal Value (660 Kb PDF)
- Code of Good Practice on Employment of Persons with Disabilities (2Mb PDF)
- 2018 EE report deadline looming (194Kb PDF)
- Guidance released by Department of Labour on Employment Equity On-Line Reporting (7MB PDF)
- Summary of the Employment Equity Act (75Kb PDF)
JAARVERSLAG / ANNUAL REPORT
The political stability in South Africa and the increasing capacity of the South African Police Service (SAPS) have made the phasing out of the Army Territorial Reserves (Commandos) possible.
In terms of structuring, the SA Army has, in accordance with its core functions and affordability, made progress in the phasing out of the Commandos. It is currently
awaiting the SA Police Service Entry Strategy before the phasing out can be finalised.
Progress was also made regarding the phasing out of the Commandos over the period FY2004/05 to FY2008/09.
HANSARD OF PARLIAMENT
07 February 2005
Withdrawal of SANDF Commandos in Support of SAPS, SANDF Employment Equity; Swartklip Products Committee Report
With inputs from Minister Lekota and SAPS, Brigadier-General Haremse briefed the Committee on the withdrawal of SA National Defence Force (SADF) commandos in support of the SA Police Services (SAPS). Minister Lekota stressed the importance of this withdrawal to the process of democratisation. It was imperative that the process left no vacuums throughout its seven phases (due to end in 2009). Delays were expected. The major challenge was setting up a system that would absorb members of the commandos who relied on remuneration for their services. SAPS intended creating a reformed Category D reservist group to meet this challenge, but there were still issues to work out.
Dr M Ledwaba, Brigadier General A De Wit and Colonel D Monethi briefed the Committee on employment equity in the Department. The major challenge, from which a number of other challenges derived, was to create a suitable exit mechanism that would allow members of retirement age to leave the force with appropriate benefits. The delay in this process in the Military bargaining chamber meant it was difficult to promote black staff to middle management positions where that racial group was under represented.
Brigadier-General Haremse described the aim of the process as ‘functional purification’. This would be affected in seven phases, ending in 2009. SANDF/SAPS were executing phase 2, which involved withdrawal from the Namibian and Botswana borderlines and from Rooibokskraal and Swartwater operational bases. Seventeen territorial reserve units would be closed down, of which one unit in each province would serve as a pilot project. The figures for yearly withdrawal of units had been worked out so that there would be no vacuum in any area. Brigadier-General Harmese stressed that the withdrawals might be delayed in certain areas where the SAPS were not ready to take over. A joint SAPS/SANDF implementation team was currently touring provinces to ensure that plan implementation would not result in power vacuums.
Department Employment Equity
Colonel D Monethi described the Department’s policy framework, strategic intent, equity monitoring mechanisms, interventions and challenges.
Brigadier-General A De Wit drew attention to a persistent under-representation of black staff in middle management positions (Lieutenant-Colonel, Colonel, Brigadier-General). Owing to the Department’s historical inheritance, there was a corresponding under-representation of white staff in entry level positions and a general under-representation of women, especially in senior management positions.
A critical problem was the absence of a suitable exit mechanism. This meant that many members could not leave the Department, which made it difficult to promote black staff to middle management positions. In spite of these problems, progress had been made.
Mr Lekota is leader of the Congress of the People (COPE). He grew up in Kroonstad, Free State. He was expelled from the University of the North due to his political involvement with the Student Representative Council and the Black Consciousness Movement. While the elected Permanent Organiser for the South African Students’ Organisation (SASO), he was imprisoned on Robben Island in 1974. Following his release in 1983, he was one of the defendants in the 1985 Delmas Treason Trial and imprisoned for four more years. Mr Lekota has served as the premier of the Free State, the Chairperson of the National Council of Provinces and Minister of Defence
The Department of Labour has announced that it will publish the Employment Equity Amendment Bill and the Draft Employment Equity Regulations on Friday (21 September) in response to the slow pace of transformation in the workplace.
The Amendment Bill introduces Section 53 of the Employment Equity Act (EEA), which was never promulgated since the inception of the Act in 1998.
The proposed amendments are primarily aimed at empowering the minister of labour to regulate the setting of sector-specific EE numerical targets and the criteria for the assessment of compliance for the issuing of EE Certificates of Compliance under Section 53 of the EEA.
This bill is ‘complemented’ by the draft EE regulations, which unpack the provisions of the bill and provide implementation guidelines and tools.
“Last year we said enough of the analysis and let us up the ante. It was for this reason that we announced last year that we intend to promulgate section 53 of the Act, coupled with enhancing the capacity of our inspection and enforcement,” said minister of labour, Mildred Oliphant.
She added that her department will start consulting through public hearings that will be conducted in all nine provinces during October 2018 to raise public awareness and solicit oral representations on the proposed amendments and the draft EE regulations.
“The department’s concern is the slow pace of transformation that is existing as portrayed in the quarterly reports on demographics of the Economically Active Population (EAP) released by Statistics South Africa,” it said in a statement on Friday.
“The Commission for Employment Equity (CEE) annual reports has repeatedly shown a marginal progress in relation to the equitable representation of the designated groups, in particular, Africans, coloureds and persons with disabilities in the middle-to-upper occupational levels.
“The CEE Annual reports submitted from 2001 to 2017 showed that the public sector presented significant progress of transformation as compared to the private sector, even though women in the public sector are underrepresented when taking into account their 45.3% of the EAP.”